UK Environmental Law 1
Critically analyze the rules of law arising from one reported case on environmental issues.
What is the significance of the chosen case in relation to environmental protection today?
Introduction
In today’s highly globalized environment, environmental pollution is a way of life.
Everyone hears about how greenhouse gas, climate change, and air pollution is changing the
world. Environmentalist groups had never been at their most vigilant as they try to minimize or
at least control the hazards presented by commerce. These non-profit organizations are able to do
this through campaigning, promotions, and by trying to push legislation.
Without a doubt, enacting new laws form the centerpiece of environmental protection.
Individuals (people and corporations) need to abide government regulations to avoid punishment
and do business. New legislations about taxes, tariff, and legal procedures will also affect the
way they do business and subsequently, how goods and manufactured and distributed (Jacobs,
1991).
Environmental laws encompass a vast variety of legislation that is concerned, one way or
another, to environmental damage in the UK. Some laws are very specific because it relates to a
single issue (such as the Mobile Home Act 1983) but there are also some laws that are more
wide-ranging. In recent years, a lot of older specific laws have been consolidated into few
environmental acts. Some examples include the Environmental Protection Act 1990 and the
Environmental Act 1995. These laws had replaced previous environmental legislations.
Over the past several decades, there had been greater public awareness about the
importance of environmental protection. In fact, environmental concerns are more popular in the
UK and the European Union compared to most other countries (Lee, 2005). These developments
had been brought about by reporting on oil tanker disasters and even the nuclear accident in
Chernobyl.
This research paper will look into how international laws on environmental issues are
formed, how it affects UK legislations, and what its impact on the environment is. In particular,
the Chernobyl nuclear disaster in Ukraine will be discussed because of its global impact on
environmental issues.
International Laws and Controls
A lot of environmental laws in the United Kingdom today came as a result of
international efforts (Cassese, 1990). Ever since it joined the European Union, the UK has
adapted various measures to control air, water, and land pollution in the country. It also played
an active role in environmental protection worldwide.
However, despite their best intensions, international law controls are seen more as a
political “rhetoric” than actual actions. International laws may constrict the actions of states
outside its borders but internal implementation is difficult to monitor. In addition, a lot of
legislations are either too general or too sectoral to put into actual use (Cassese, 1990). Right
now, decision-makers are trying to influence international laws by using pre-existing rules and
principles. In particular, environmental laws have become an integral part in forming
international laws.
In addition, there are environmental groups such as the Friends of the Earth and
Greenpeace which constantly campaign for preservation. Within the European Union,
environmental issues are taken seriously. Its directives have forced members to take action
within their home countries.
Environmental laws can be found in national laws within the United Kingdom, European
Union, and international law. It reflects the objective of the government and to a certain extent,
the desire of the public. Legislation is sometimes seen as weak by individuals who support it
particularly because laws are created as a response to previous court cases and external pressure
(Alder & Wilkinson, 1999). In addition, the punishment may sometimes not be severe enough to
deter offenders from committing the crime.
Different types of enforcement can be used for environmental laws. Criminal prosecution
can impose imprisonment and fines. Injunctions will compensate for the damage committed. And
licenses will set standards and limits by which individuals or companies can “damage” the
environment. For example, the Environmental Agency is currently responsible for issuing
licenses for businesses that need to emit carbon dioxide for production. Enforcement agencies
have powers to inspect facilities, report, and take appropriate action against offenders.
New approaches have been introduced recently. The Integrated Pollution Control aims to
set standards for processes rather than for emissions. The growth of “environmental labeling” has
made customers aware of the environmental impact of products they purchase in the market.
Using taxation to reduce environmental damages isn’t a new phenomenon but it is only now that
it is being seriously looked into (Alder & Wilkinson, 1999).
For example, using carbon tax to reduce improve the efficiency of fuel can be more
effective than imposing legal sanctions. However, increasing this cost may have an adverse
impact on the poorest segment of the population. The concept that pollution should pay is viewed
as a preventive action that will encourage waste avoidance. Replacing fossil fuel as a source of
energy with renewable. Additional costs for fossil fuel arise from the levy imposed on electricity
under Electricity Act 1989.
Radiation Laws
Another area in environmental law that should be looked into is radiation laws. The
Silkwood vs. Kerr-McGee court case is very significant because it is the first time that an
employer is held liable for the death of an employee due to radiation. In November 5, 1974,
Karen Silkwood discovered that she had been exposed to high levels of plutonium because she
had been working at the McGee nuclear plant. Though Karen died before she can take the case to
court, her family continued the battle.
The result of the trial involved $10.5 million in punitive damaged and personal injury.
When the case headed to a retrial, both litigants settled for $1.3 million in damaged outside the
court. But more than the damages paid to the victims, this case proved to be important in the
Chernobyl accident which occurred several years after this incident.
The Chernobyl Case Study
The Chernobyl accident in Ukraine is a very significant indication about the human and
financial costs that can be suffered from radiation on a large scale.
The coverage of the
Chernobyl accident in Ukraine is not only an internal issue, it has had an impact on worldwide
policies about nuclear use as well. Before we look deeper into the laws that formed after the
accident, it is first important to understand what really happened during the disaster.
It was on April 26, 1986 that the accident occurred in Chernobyl, Ukraine. The former
USSR country suffered from a sudden surge of power which destroyed the reaction. Massive
amounts of radioactive materials were released into its environment and to control the damage,
residents were evacuated and sands and boron was poured to the plant from the air. The nuclear
plant has been shut down though the lessons learned from the incident are long-lasting. In many
instances, it is still being referred to as one of the environmental disasters that changed
international environmental policies (Freemantle, 1996).
As can be expected from a nuclear accident, many people suffered and some even died.
The health side effects of the Chernobyl disaster were almost immediately. 600 workers were
present on the side were affected and two of them died within hours of the explosion. 134 of the
workers suffered acute radiation sickness and 28 of them died within four months. Around
600,000 cleanup workers were exposed to radiation though only a small number were exposed to
dangerous levels (Freemantle, 1996). Their health was monitored because of their radiation
exposure.
The United Nations and other international bodies came together to regulate existing
legislation and create new laws on environmental protection and nuclear handling. One notable
international law is the International Nuclear Third Party Liability Law. It is a law that regulates
liabilities and damages that might arise from any accidents involving radioactive power.
Court Cases from the Chernobyl Accident
Not surprisingly for a case with as much damage as the Chernobyl incident, a lot of
lawsuits followed. Keeping in line with the radiation law stated in the Silkwood-McGee case,
there was a suit filed against Volan Transport Court after the accident. One of the company’s
employees was tasked to cross the boundary line between Hungary and Ukraine for five days.
The truck was washed to get rid of contamination but the driver was not checked for his health
condition.
The driver’s death was later attributed to this incident. He remained in good health
following the incident for several years until he died in September 1991 from auto-immune
disease which he got from Chernobyl. Radiologist experts believe that the “physical and ecobiological” of his illness cannot be disputed and the Chernobyl origin of his condition was
accepted.
Significance of these Cases
With regards to its significance in today’s environmental concerns, the above-mentioned
cases played a huge role not only in developing new environmental laws but in making
employers more accountable as well.
The Chernobyl nuclear disaster case is very important because it is an issue that is
political, environmental, and economic at the same time. It bought together all members of the
United Nations and enabled countries to discuss the significance of environmental hazards to the
environment. But more than that, the human costs of such environmental disasters have been
realized. Because of this, countries have formed agreements that had undoubtedly saved
countless lives (Lee, 2005). New laws have been made and enacted ever since then.
Today, we no longer hear about large-scale nuclear disasters because of the lessons
learned from the Chernobyl incident in Ukraine. The “safety” we are enjoying right now should
not be taken for granted because people in the past have had to pay a high price for these lessons.
In the same way, oil spills may still be inevitable accidents in some cases, but their numbers have
certainly been drastically reduced because of international environmental laws.
Conclusion
The international environmental laws that had been formed due to the above-mentioned
cases are still in place (Cassese, 1990). It has enabled countries with nuclear capability to have
the necessary precautionary measures to avoid these types of accidents in the future.
Environmental threats should never be taken lightly. Whether people still realize it or not,
everyone is dependent on nature. Environmental hazards are damaging this life source and if it
continues to go unchecked, the damage might become irreversible. Therefore, it is important to
look back at lessons such as the oil spills and the Chernobyl incident and determine how these
types of hazards are damages can be avoided in the future (Freemantle, 1996).
While this research study is about the impact of Chernobyl nuclear disaster, it is also
important to take note that there are other pressure issues that require regulations from the
government. The concern right now is in global warming. Changing global temperatures are
causing ice to melt in the North and for floods to appear in various areas.
References:
Alder, J. & Wilkinson, D. (1999). Environmental Law and Ethic. London: Macmillan.
Armstrong, M, S. Cowan, & J. Vickers (1998). Regulatory Reform MIT: Cambridge,1998.
Baldwin, R. (1997.) Law and Uncertainty: Risks and Legal Processes London: Kluwer Law
International.
Baldwin, C. Scott & C. Hood. (1998). A Reader on Regulation Oxford: Oxford University
Press, 1998.
Barry, J. (1999). Environment and Social Theory London: Routledge, 1999
Cassese, A. (1990). International Law in a Divided World Oxford: Clarendon, 1990
Elworthy & J.Holder. (1997). Environmental Protection: Text and Materials, London:
Butterworths,1997.
Freemantle, M. (1996). Ten Years After Chernobyl Consequences are Still Emerging. Chemical
and Engineering, April 29, 1996.
Ilbery, B. (1998). The Geography of Rural Change Essex: Longman, 1998.
Jacobs, M. (1991). The Green Economy London: Pluto, 1991
Lee, M. (2005). EU Environmental Law. Hart: Oxford.
Sich, A. (1996). Nuclear Engineering Institute Volume 4 no. 2